Patna High Court
Ashish Kumar Singh @ Mallu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and a condition to deposit Rs. 3,000 per month in the informant’s bank account.
Summary
Ashish Kumar Singh was arrested in connection with a dowry harassment case (Buxar Mahila P.S. Case No. 20 of 2025) alleging that he and his family demanded Rs. 5 lakh as dowry, tortured the informant Priya Rai, and evicted her from her matrimonial home. The petitioner contended that he was falsely implicated and sought anticipatory bail, offering to pay Rs. 3,000 per month as living expenses to the informant. The informant, facing starvation, accepted the offer and requested the court direct the petitioner to deposit the amount. After hearing both sides, the court, noting the acceptance of the payment offer, granted anticipatory bail to the petitioner subject to a bail bond, sureties, and a condition to deposit Rs. 3,000 monthly in the informant’s bank account. The order also invoked Section 482(2) of the B.N.S.S. to impose the conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a dowry harassment case under the B.N.S. 2023 and D.P. Act.
- Whether the court can condition anticipatory bail on a monthly monetary payment to the alleged victim.
Legislation cited
- B.N.S., 2023 — s. 115(2), 127(4), 3(5), 352, 482(2), 79, 85, 89
- D.P. Act — s. ¾
Subjects
- anticipatory bail
- dowry harassment
- domestic violence
- Section 127
- Section 115
- Section 85
- Section 89
- Section 352
- Section 79
- Section 3(5)
- D.P. Act
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90701 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- MAHILA PS District- Buxar
======================================================
Ashish Kumar Singh @ Mallu Singh S/o Dinanath Singh R/o Village-
Hethua, P.S.- Rajpur, Distt- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priya Rai D/o Rama Shankar Rai, W/o Ashish Kumar Singh @ Mullu Singh
R/o Vill- Jungal Bazar Road, P.S.- Dumraon, Distt- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 22-04-2026 1. Heard learned counsel for the petitioner, learned counsel
for the informant - Opposite Party No. 2 and learned Additional
Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with
Buxar Mahila P.S. Case No. 20 of 2025 dated 12.04.2025
registered for the offence punishable under Section 127(4),
115(2), 85, 89, 352, 79, 3(5) of the B.N.S., 2023 and Section ¾
of the D.P. Act.
3. The prosecution case, in nutshell is that the marriage of the
informant was solemnized with the petitioner according to
Hindu rites and rituals on 05.02.2022 and just after four days the
petitioner and other family members started demanding
Rs. 05 lakhs by way of dowry and due to non fulfillment of the
Patna High Court CR. MISC. No.90701 of 2025(4) dt.22-04-2026
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said demand, the petitioner and other family members tortured
the informant / Opposite Party No. 2 physically as well as
mentally. In the meantime, she gave birth to a girl child. It is
further alleged that lastly the Opposite Party No. 2 was ousted
from her matrimonial home.
4. Learned counsel for the petitioner submits that petitioner
has not committed any offence in the manner alleged and he has
falsely been implicated in this case. However, without prejudice
to the right and contention of the petitioner and in order to
maintain harmony in the family, the petitioner undertakes to pay
a sum of Rs. 3,000/- per month to the Opposite Party No. 2 as
“living cost” subject to the final outcome of the present case as
well as matrimonial case, if any, pending and / or decided
between the parties.
5. Learned counsel for the informant / Opposite Party No. 2
submits that the informant / Opposite Party No. 2 is at the verge
of starvation, having no source of income, and in order to take
care of her daughter which was born out of the wedlock, she
accepts the offer so made by the petitioner and submits that the
petitioner may be directed to deposit the said amount of
Rs. 3,000/- per month in the bank account of the informant /
Opposite Party No. 2, details of which shall be furnished by
Patna High Court CR. MISC. No.90701 of 2025(4) dt.22-04-2026
3/3
learned counsel for the Opposite Party No. 2 to learned counsel
for the petitioner within ten days from today.
6. After having heard learned counsel for the parties and
taking into consideration the materials on record and the fact
that offer made by the petitioner has been accepted by the
Opposite Party No. 2, as such, I am inclined to grant privilege
of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his arrest /
surrender before the learned court below within a period of six
weeks from today be released on anticipatory bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned SDJM, Buxar
in connection with Buxar Mahila P.S. Case No. 20 / 2025
subject to the condition as laid down under Section 482(2) of
the B.N.S.S. as well as the following condition:-
(i) that the petitioner shall deposit a sum of
Rs. 3,000/- per month in bank account of the Oppo-
site Party No. 2 positively by the 7th day of every
month starting from the month of May, 2026.
(Anil Kumar Sinha, J)
praful/-
U T
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